When someone fails to act in a manner that a reasonable person would, in terms of their duty to care, it is known as negligence. Negligence can lead to harm and injury to someone else (also known as a personal injury). When a personal injury occurs due to negligence, you can file a negligent tort, a legal claim against an individual or organization.
An attorney can help victims through this process. When you suffer a personal injury, you must contact personal injury attorneys in your area to get the best possible outcome.
Here are a few things you should keep in mind about negligence cases:
Different Types of Negligence
Negligence is an all-encompassing term for disregard of duty. To understand where your case lies, you must learn further about the different types of negligence within the legal system. Here are the four types of negligence:
1. Vicarious Negligence
Vicarious negligence is when one party is held responsible for the negligence of another party. However, this only applies when the offending party is related to the one taking the responsibility. We see vicarious negligence in cases where the parent takes responsibility for a minor’s negligence. If, for instance, a minor has caused a traffic accident due to negligence, their parent(s) can be held responsible as they allowed the minor to behave that way. In the case of an organization, the responsibility for an employee’s negligence will be borne by the company.
2. Gross Negligence
Gross negligence is a more serious form of negligence. This negligence refers to a profound disregard for the safety and well-being of others. Gross negligence is seen in cases where someone drinks and drives, drives recklessly, breaks traffic laws, practices medicine while under the influence, and more. In some cases, the court might order the defendant to provide additional compensation to the plaintiff.
3. Comparative Negligence
Comparative negligence is seen in cases where both parties are partially at fault. For instance, if the defendant, owner of a property, has placed a sign that says “wet floor,” but the plaintiff ignores or is otherwise unaware of their surroundings and suffers a slip and fall, both parties will be held responsible. Many states practice comparative negligence, where the jury assesses the percentage of damage caused by all the parties and settles on fair compensation accordingly.
4. Contributory Negligence
Contributory negligence is similar to comparative negligence in that a jury assesses all parties involved. However, the difference between the two types of negligence is that if the plaintiff is found to be at fault, even at a small percentage, they are not likely to receive compensation under contributory negligence. In some states, the law allows a leeway of 50% for the plaintiff. If their fault is below 50%, they will receive compensation. If not, they receive no compensation.
Final Thoughts
Every state might not follow the same process. If you have suffered a personal injury, it is essential to consult a personal injury lawyer to understand the process within your state. Each type of negligence requires different evidence. Keeping up with personal injury laws in your state might ensure you have all the evidence you need to receive fair compensation.